How is Pain and Suffering Calculated in Personal Injury Cases?

Pain and suffering, also referred to as “non-economic damages,” is a type of compensation available to a plaintiff in personal injury cases. In contrast with an award for economic damages, which allows a victim to recover for the pecuniary losses they experienced due to the accident, pain and suffering compensation is for damages that are much more difficult to quantify. If you were hurt due to the negligence of another, you might be wondering, “how is pain and suffering calculated?”

While it can be difficult to attach a monetary value to the physical pain and mental anguish you experienced in an accident, there are a few different methods that are used to determine pain and suffering damages.

What is Pain and Suffering in a Personal Injury Case?

Pain and suffering is typically associated with the physical and emotional trauma a victim experiences after an accident. The damages awarded are unique in every case. Pain and suffering in a personal injury case can be demonstrated through medical records, testimony of friends and family, your own testimony, videos, photographs, and expert testimony.

Specifically, pain and suffering damages in connection with an accident can include compensation for the following:

• Physical pain
• Emotional anguish
• Mental pain
• Insomnia
• Inconvenience
• Depression and anxiety
• Physical limitations and disability
• Disfigurement
• Scarring
• Loss of enjoyment of life

There is no statutory cap in Washington regarding the amount of pain and suffering damages that can be recovered in a personal injury action. However, if a jury returns a verdict that is particularly high, a judge may reduce the amount of compensation.

How is Pain and Suffering Calculated in Washington?

If you experienced a considerable amount of physical pain and mental anguish due to your accident-related injury, you might be questioning, “how is pain and suffering calculated?” Pain and suffering can be complex, and it varies from case to case. While every personal injury matter is unique, these damages are personal to each individual. For instance, the pain and suffering damages of a car crash victim who suffered paralysis will be very different from someone who sustains a sprain or strain in a slip and fall accident.

Unlike economic damages, which are straightforward to quantify, there is no definitive formula to calculate pain and suffering damages in Washington. There are two methods that can be used to determine an appropriate amount. These include the multiplier method and the per diem method.

When the multiplier method is used, the insurance adjuster or jury will choose a number between 1.5 and 5 that serves as a multiplier, based on the severity of the injuries. The total amount of economic damages is added up, including medical expenses and lost wages, and multiplied by this number. The result is the amount of pain and suffering damages.

The per diem method calculates pain and suffering differently. It assigns a daily rate for pain and suffering and multiplies it by the number of days the victim suffered, beginning on the date of the accident up to the date of “maximum medical improvement.” This means that the victim’s condition cannot be improved any further. For example, if your pain and suffering was determined to be worth $100 each day and you suffered for 80 days, your pain and suffering damages would amount to $8,000.

Significantly, the above are just examples of ways non-economic damages can be quantified in a personal injury matter. The facts of every case are unique. This is why it’s important to have an experienced personal injury attorney by your side who takes the time to get to know you on a personal level to better understand your injuries and how they impact you.

How Long Do You Have to File a Claim for Pain and Suffering Damages?

If you were hurt in an accident caused by someone else’s negligence, carelessness, or recklessness, it’s essential to understand that you only have a limited amount of time to bring a claim. If you fail to bring a claim for your economic damages and pain and suffering within the applicable statute of limitations, you could be forever barred from receiving the monetary recovery you deserve.

Under Washington law, a victim generally has three years to file a lawsuit to recover their economic and non-economic damages following an accident. However, there are certain exceptions that may extend the statute of limitations, including claims involving minors, defendants who are absent from the state, and claims involving a victim’s incapacity. It’s essential to speak with a personal injury attorney as soon as possible to understand your rights — and the applicable timelines in your case.

Contact an Experienced Washington Personal Injury Attorney

If you were injured in an accident caused by another’s negligence, it’s vital to understand how pain and suffering is calculated in your case. It’s best to have a skillful attorney by your side who can help ensure you receive the maximum compensation for your economic and non-economic damages available under the law. With locations in Burien and Bellevue, Herron Law Office, PLLC is dedicated to recovering the full amount of monetary recovery to which you’re entitled for your injuries. We welcome you to contact us for a consultation to discuss your case by calling (425) 600-2580.